S.j.p.r., Inc. D/b/a Sands Hotel & Casino, San Juan, Petitioner, v. National Labor Relations Board, Respondent, 993 F.2d 913 (D.C. Cir. 1993)

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US Court of Appeals for the District of Columbia Circuit - 993 F.2d 913 (D.C. Cir. 1993) May 3, 1993

Before SENTELLE, HENDERSON and RANDOLPH, Circuit Judges.



The petition for review and the cross-application for enforcement were considered on the record from the National Labor Relations Board, the briefs filed by the parties and oral arguments by counsel. After full review of the case, the court is satisfied that appropriate disposition of this matter does not warrant an opinion. See D.C. Cir. Rule 14(c).

We presume theimpartiality of an administrative law judge. See generally Schweiker v. McClure, 456 U.S. 188, 195-96 (1982). The record does not cause us to question this presumption. The NLRB did not err in ordering the ALJ to hear the case. There is substantial evidence to support each of the Section 8(a) violations the Board found. See 29 U.S.C. § 158(a). Petitioner raised but did not brief the issue of the propriety of the Board's remedy of permanent reinstatement. We therefore do not pass on this issue. See Carducci v. Regan, 714 F.2d 171, 177 (D.C. Cir. 1983); Rule 28(a), Fed. R. App. P. It is, accordingly

ORDERED and ADJUDGED that the petition for review be denied and that the cross-application for enforcement be granted.

The Clerk is directed to withhold issuance of the mandate herein until seven days after the disposition of any timely petition for rehearing. See D.C. Cir. Rule 15(b) (2).